JUDGMENT

Biswa, J. - This is an appeal on behalf of one Kristo Gopal Nath who was the defendant in a proceeding for revocation of a will alleged to have been executed by a lady of the name of Bhusanmoyee. The will is said to have been executed on 4th January 1928, and the lady died more than a month after, viz. on 7th February 1928. On 9th April 1929, Kristo Gopal, who had been appointed executor of the will, applied for probate and obtained probate in due course. On 23rd April 1930 Bansi Lal Nath, the husband of Bhusanmoyee, applied for revocation of the grant, alleging that he had not had any notice of the proceedings for grant of probate and that the proceedings were consequently "defective in substance". It appears that between the date of the death of the lady and the date of the application for probate, Bansi purported to sell one of the properties which had been disposed of by the will to one Bolai Chand Nath. On 2nd August 1930, Bolai filed an independent application for revocation of the probate. The two revocation cases, which were numbered 26 of 1930 and 29 of 1930 respectively, were heard together and disposed of by the same judgment. The learned District Judge of Hooghl